15-04-2025
Group sues Cabarrus County commissioners over alleged unlawful board member appointment
CONCORD, N.C. (QUEEN CITY NEWS) — Fifteen individuals from a government watchdog group is suing Cabarrus County commissioners and the county for an alleged unlawful appointment of a new board member when the seat was not 'vacant.'
The Cabarrus Citizens for Government Integrity is a group of residents that works to protect the fairness, transparency, and integrity of the county government.
The conflict began on March 26, when Republican State Sen. Paul Newton resigned from his position in the General Assembly. His vacancy was to be filled by the recommendation of the Executive Committee of the county's Republican Party.
Last week, the committee selected Chairman Christopher Measmer to fill Newton's spot. The following day, Measmer notified the board of the recommendation.
Since Measmer cannot serve as a county commissioner and a member of the NC Senate at the same time, the remaining board members would have to vote to fill his role, or it would be left up to the Cabarrus County Clerk of Superior Court.
Measmer issued a notice for a special board meeting for April 10 at 8:15 a.m., titled Filing of Anticipated Vacancy on the Board of Commissioners. The lawsuit alleges that the timing of the special meeting was 'no coincidence.'
The complaint says that Commissioner Lynn Shue's dialysis treatments did not end in time for him to attend the meeting. The group alleges that Measmer knew Shue would not be there and intentionally scheduled the meeting so Shue could not vote on Measmer's replacement.
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At the time of the meeting, Shue and Commissioner Kenneth Wortman were not in attendance, but Vice-Chair Laura Lindsey and Commissioner Larry Pittman were. Also during the meeting, Measmer presided as board chair even though he had already been appointed to the state Senate.
According to NC General Statue 153A-27, county commissioners may only vote to fill a vacancy on the board once that vacancy 'occurs.' Further, only the 'remaining members' are allowed to vote to fill the vacancy.
Measmer issued, called and presided over the meeting. He also participated in the 3-0 vote to nominate Lamarie Austin-Stripling as his replacement, He was appointed to the Senate by Gov. Josh Stein two days prior, according to his NCGA profile.
The lawsuit says that Measmer, Lindsey and Pittman knew or reasonably should have known that it was a violation to do so, especially since this very issue was addressed by the board two years prior.
The association is seeking a temporary injunction on Austin-Stripling from taking the position of commissioner or voting on matters before the board.
'While this is no personal attack against Ms. Austin-Stripling, Plaintiffs and other residents and taxpayers in the County will suffer immediate and irreparable harm if Ms. Austin-Stripling is allowed to take possession of the office of Commissioner and thereby participate andvote on matters of County business,' the complaint reads.
Measmer has yet to be sworn into the Senate as of Monday night.
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